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IN CHINA AND JAPAN.
Costs.
65
324. In Case of conviction the Court may, in and by the conviction, Ongconvictis award and order that the person convicted do pay to the prosecutor such
costs as seem just and reasonable, to be specified in the conviction.
325. In case of dismissal the Court may, in and by the order of On dismissal. dismissal, award and order that the prosecutor do pay to the accused such costs as seem just and reasonable, to be specified in the order of dismissal.
Execution of Conviction or Order of Dismissal.
326. Where a conviction does not adjudge the payment of Imprisonment, money, but adjudges that the offender be imprisoned, the Court shall
issue a warrant of commitment (Form 50.) accordingly.
327. Where a conviction or order of dismissal adjudges any money Levying of penalty or to be paid by any person convicted or any prosecutor for penalty, other moneys. compensation, costs, charges, or otherwise, the money to be paid may
be levied on the goods of the person adjudged to pay the same by
distress and sale under warrant. (Forms 52, 57.)
328. If the officer having the execution of the warrant returns Commitment for want (Form 53.) that he could find no goods or no sufficient goods whereon of distress. to levy the money mentioned in the warrant, together with corts, the Court may by warrant (Forms 54., 58.) commit the person adjudged to make the payment to prison for not more than two months, unless the money adjudged to be paid, and all costs and charges of the distress, commitment, and conveyance to prison, to be specified in the warrant of commitment, are sooner paid.
of distress.
329. Where it appears to the Court that such distress and sale of Commitment in lieu goods as aforesaid would be ruinous to the person ordered to pay the money and his family, or (by confession of that person or otherwise) that he has no goods whereon a distress may be levied, then the Court, if it thinks fit, may, instead of issuing a warrant of distress, commit him to prison, with or without hard labour, for not more than two months, unless the money adjudged to be paid, and all costs and charges of the commitment and conveyance to prison, to be specified in the warrant of commitment, are sooner paid (Form 51.)
before distress,
330. Any person against whom a warrant of distress issues may Payment or tender pay or tender to the officer having the execution of the warrant the sum therein mentioned, together with the amount of the expenses of the distress up to the time of such payment or tender, and thereupon the officer shall cease to execute the same.
commitment,
331. Any person committed for non-payment may pay the sun Payment after mentioned in the warrant of commitment, together with the amount of costs and charges therein mentioned (if any), to the person in whose custody he is, who shall thereupon discharge him if he is in custody
for no other matter.
XIV.-APPEAL TO SUPREME COURT IN CRIMINAL CASES.
332. The application for a special case, on a summary conviction, Time in summary cases. shall be made within 48 hours after the sentence.
333. The application for a special case shall state shortly the Form of application, grounds on which the appellant considers the conviction erroneous in
point of law, and may contain any argument in support of the appeal, or may include an application that time be allowed for the filing of such an argument, which may be allowed accordingly.
334. The special case, when granted, shall be stated within ten Time for statement.
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Digitized by